CLA-2-21:OT:RR:NC:N2:228

Ms. Susie Milosevski
Access Business Group International LLC
7575 Fulton Street East
Ada, MI 49355

RE: The tariff classification of a soup mix from China

Dear Ms. Milosevski:

In your letter dated April 16, 2015 you requested a tariff classification ruling.

An ingredients breakdown, and front label with mixing instructions were submitted with your letter. BodyKey Protein Nugget Soup – Corn Flavor is a dry mix composed of approximately 24-26 percent soy protein isolate, 17-19 percent instant oats, 11-13 percent maltodextrin, 8-10 percent non-dairy creamer, 7-9 percent raw sugar, 5-7 percent medium oat bran, less than 5 percent each oat fiber, and inulin, less than 4 percent each mineral premix (calcium carbonate, zinc sulphate monohydrate, ferrous fumarate, corn maltodextrin), and textured soy flour pieces, and less than 2 percent each natural corn flavor, sodium chloride, acerola concentrate blend, and vitamin premix (vitamin A acetate, folic acid, calcium D-pantothenate, thiamin mononitrate, vitamin E acetate, riboflavin, ascorbic acid, and corn maltodextrin).

The soup mix is put up in packets containing 30 grams, net weight, 18 packs per container. Instructions direct the consumer to add hot water to the contents of the packets to make the soup.

The applicable subheading for the product will be 2104.10.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for soups and broths and preparations therefor . . . dried. The rate of duty will be 3.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site ww.fda.gov/oc/bioterrorism/bioact.html.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Bruce N. Hadley, Jr. at [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division